What Is Kafalah? Check Out More About Types, Rukuns And Conditions, As Well As The Legal Basin

YOGYAKARTA - What is Kafalah? In Islamic banking, kafalah is one of the important concepts. This article will discuss what Kafalah is, the types of Kafalah contract, the legal basis of Kafalah, the terms and conditions of kafalah, and provide some examples of cahaya in Islamic banking in depth.

According to the language, Al-kafalah means al-Dhaman (guarantee), pest (charge), and z'amah (responsibility). In terms, Kafalah is to add obligations to other obligations in connection with requests for something.

According to the Fatwa of the National Sharia Council, No: 11/DSN-MUI/IV/2000, Kafalah is a guarantee given by the person (kafiil) to third parties to fulfill the obligations of the second party or to be borne (makfuul anhu, Ashhil). In general, in Kafalah's contract, it is needed by someone to run their business. Through the cafalah contract, someone often needs guarantees from other parties.

In Islamic banking, the caliphate contract is a form of guarantee given by third parties to ensure the fulfillment of obligations by debtors. This contract is based on the principles of mutual cooperation and risk sharing, which are fundamental in Islamic finance. In various Islamic banking transactions, cahaya contracts are usually used to express security and guarantees to the parties involved.

There are several types of Kafalah contracts, including:

"Has he been faced with the Prophet SAW the body of a man to pray for. The Prophet asked, 'Does he have a debt?' Friends replied, 'Pray your friend' (he himself doesn't want to pray for it). Then Abu Qadah said, 'I guarantee his debt, O Prophet'. So the Prophet also prayed for the body.' (HR. Bukhari from Salamah bin Akwa').

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